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You are here: Home / Politics / Activist Judges! / Excellent Read: Judge Ketanji Brown Jackson Goes Above & Beyond

Excellent Read: Judge Ketanji Brown Jackson Goes Above & Beyond

by Anne Laurie|  July 3, 20238:53 pm| 50 Comments

This post is in: Activist Judges!, Excellent Links, Proud to Be A Democrat

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As anticipated, Justice Ketanji Brown Jackson was most often aligned with the court’s two other liberal justices. But she also demonstrated a willingness to part ways with her liberal colleagues to express her own vision of the law. https://t.co/F6AzVjGbDW

— The Washington Post (@washingtonpost) July 2, 2023

In the Washington Post, “Justice Ketanji Brown Jackson’s bold debut and independent streak”:

… Jackson on Friday completed her rookie term as the first Black woman to serve on the nation’s highest court, making a forceful debut from the bench and in writing while showing signs of an independent streak. As anticipated, she was most often aligned with the court’s two other liberal justices — Sonia Sotomayor and Elena Kagan — putting her on the losing side of high-profile, contentious decisions involving affirmative action in college admissions, gay rights and President Biden’s student loan forgiveness program.

But Jackson also demonstrated a willingness to part ways with her liberal colleagues, even when they were on the same side of an issue, to express her own vision of the law. She authored more solo dissenting opinions — three — than any of the three most recent justices to join the court did as newbies.

And Jackson surprised some observers by teaming up several times with conservative Justice Neil M. Gorsuch, typically in cases involving a conflict between government power and the rights of individuals.

“She was not going to sit on the sidelines. She dove in and made her presence known,” said New York University law professor Melissa Murray, who also was among the attorneys Biden considered nominating to fulfill his promise to name as Stephen G. Breyer’s successor the first Black female justice.

Biden “may have been looking for a Black woman, but she wasn’t just any Black woman,” Murray said. “She was excellent and prepared and made a critical difference in a number of cases.”…

From the outset in October, Jackson was an enthusiastic questioner, speaking more often during oral arguments than any other brand-new justice in at least the past three decades. She also had more to say than any sitting justice, with the exception of Chief Justice John G. Roberts Jr. on two occasions, according to data analyzed by Adam Feldman and Jake Truscott for the Empirical SCOTUS blog.

Jackson, 52, joined the bench after years of running her own courtroom as a federal district judge in Washington, pumping out orders and opinions. Perhaps for that reason, Jackson displayed a level of confidence not typical of a first-term justice, Feldman said.

“We’ve come to assume that first-year justices are in an acclimation period where they keep their heads down and are willing to join on to other justices’ views and develop jurisprudence over time. She hasn’t fit that prototype,” Feldman said. “She has a lot to say and isn’t willing to cut corners to get her views out to the public.”…

Sean Marotta, an appellate attorney and close watcher of the court, said Jackson appears to be positioning herself as a “thought leader” for the left wing of the court in the way that Thomas has for years done on the right. Thomas led the court in dissents this term, writing a total of nine.

“So far, it seems Justice Jackson is leaning towards sharing her own views without compromise,” Marotta said. “She was nominated because she has strong views, and she’s holding true to them.”…

“It is difficult to remember a term in which a new justice arrived with such a powerful voice,” said Gregory G. Garre, a Supreme Court practitioner who served as solicitor general under President George W. Bush. “Justice Jackson has staked out a position on the far left of the court with Justice Sotomayor, but she has breathed new life and a fresh perspective on many arguments on the left.”…

Worth reading the whole thing!

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Reader Interactions

50Comments

  1. 1.

    WaterGirl

    July 3, 2023 at 8:59 pm

    Anne Laurie, sorry if I pre-bigfooted you with my previous post. You’ll want to check out the results of the testing re: why some embedded videos still play in twitter while others do not.

  2. 2.

    Jerzy Russian

    July 3, 2023 at 9:00 pm

    “Justice” Thomas as a thought leader?  Jesus Hussein Christ, take the wheel.

  3. 3.

    Baud

    July 3, 2023 at 9:00 pm

    She wrote a ton of concurring and dissenting opinions.

  4. 4.

    Anne Laurie

    July 3, 2023 at 9:02 pm

    @WaterGirl: Thank you for this!  I will take notes!

    Actually considered pulling back *this* post when I realized I’d accidentally stomped yours… but I want East-Coast readers to see it, and besides, Adam’s Ukraine update should be posting pretty soon now…

  5. 5.

    Nukular Biskits

    July 3, 2023 at 9:07 pm

    Is it too early to call her “The Notorious KBJ”?

  6. 6.

    Citizen Alan

    July 3, 2023 at 9:12 pm

    @Jerzy Russian: Evil thoughts are still evil thoughts.

  7. 7.

    Yutsano

    July 3, 2023 at 9:16 pm

    @Nukular Biskits: ​ I’m down.

  8. 8.

    geg6

    July 3, 2023 at 9:16 pm

    She’s great.  Exactly the kind of justice I want.  She thinks for herself and she has a brilliant mind and a wicked pen.

  9. 9.

    zhena gogolia

    July 3, 2023 at 9:18 pm

    @Nukular Biskits: Please, let’s not.

  10. 10.

    Ohio Mom

    July 3, 2023 at 9:22 pm

    Oh give me a break: “Biden “may have been looking for a Black woman, but she wasn’t just any Black woman,” Murray said. “She was excellent and prepared and made a critical difference in a number of cases.”…”

    Makes it sound like Biden was rummaging through his sock drawer for two that matched and just happened to pull out the most exceptional pair ever.

    This was no accident or stroke of luck or coincidence, Biden knew exactly who she was long in advance and had her pegged as a definite candidate for the SC.

  11. 11.

    chrome agnomen

    July 3, 2023 at 9:22 pm

    @Jerzy Russian: I came to sat the same thing.   sharts are not thoughts.

  12. 12.

    Nukular Biskits

    July 3, 2023 at 9:23 pm

    @zhena gogolia:

    That was intended to be both an honor and in honor of Justice Ruth Bader Ginsburg, “Notorious RBG”.

  13. 13.

    Nukular Biskits

    July 3, 2023 at 9:24 pm

    @Anne Laurie:

    Stupid question, but do you guys have a sked?

    Or do you just work it out via private communications?

    Or is it truly luck o’ the draw?

  14. 14.

    Raoul Paste

    July 3, 2023 at 9:25 pm

    @Jerzy Russian: That’s exactly when I stopped reading.  I needed to gag.

  15. 15.

    Suzanne

    July 3, 2023 at 9:27 pm

    @Ohio Mom: Agreed. She’s fantastic, and everyone knew it.

  16. 16.

    Mai Naem mobileI

    July 3, 2023 at 9:28 pm

    KBJ is a good writer. I would love to see her become Chief Justice but I don’t see Roberts and 2 of the other 5 resigning/kicking the bucket at the same time.

  17. 17.

    Another Scott

    July 3, 2023 at 9:33 pm

    @Ohio Mom: +1

    Justice Jackson has staked out a position on the far left of the court with Justice Sotomayor…

    “Far Left”.

    (groucho-roll-eyes.gif)

    Cheers,
    Scott.

  18. 18.

    Ken

    July 3, 2023 at 9:36 pm

    @Mai Naem mobileI: I’m pretty sure the President nominates the Chief Justice, and it has nothing to do with whoever has a majority of the court. Why, even suggesting such a thing implies the court is a political body, and gives Chief Justice Roberts a sad.

  19. 19.

    Suzanne

    July 3, 2023 at 9:37 pm

    @Mai Naem mobileI:

    but I don’t see Roberts and 2 of the other 5 resigning/kicking the bucket at the same time 

    Oh, damn, a girl can dream.
    I dream.

  20. 20.

    Betsy

    July 3, 2023 at 9:38 pm

    @Another Scott: Yeah, like normal, …  like continuing the mission of extending the Constitution’s guarantee of protections to more and more human rights and more and more people! That’s “far left” to too many members of the media.

    It’s entirely normal and centrist if you understand that the Constitution does not confer rights, it guarantees protection of rights that inhere in everyone — that everyone has by virtue of being human. Something I learned in law school and that isn’t widely understood.

    Republicans, especially, think that “rights have gone too far” and that “they keep making up new rights”, when in fact the proper understanding is this:  the court’s role is to improve and broaden the application of constitutional protections more and more perfectly — that is how we make progress in carrying out the Constitution’s promise, that all people are created equal, and that human rights are in-born, in everyone.  Everyone.

  21. 21.

    Gvg

    July 3, 2023 at 9:39 pm

    @Mai Naem mobileI: it only needs roberts to die or step down and us to have control of the senate. There are NO rules of senority on who gets to be chief justice. The president at the time nominates. It can be someone not on the court. That may be easier, then only one confirmation fight.

    Every election is very important

  22. 22.

    OzarkHillbilly

    July 3, 2023 at 9:43 pm

    @Nukular Biskits:
    Stupid question, but do you guys have a sked?

    Heh, I need a translation, because in cave rescue a SKED is a one size fits all carryall for bodies. I’m sorry, I can’t shake the image.

  23. 23.

    The Kropenhagen Interpretation

    July 3, 2023 at 9:44 pm

    @Suzanne: I don’t think a circumstance where that comes true would be much cause for actual celebration.

  24. 24.

    patrick II

    July 3, 2023 at 9:44 pm

    As Supreme Court Justices go, she is an easy read.  Her coherence of thought leads directly to the coherence of her writing.  I hope someday she can write majority opinions overturning much of what she has to write dissents on now.

  25. 25.

    OzarkHillbilly

    July 3, 2023 at 9:46 pm

    @Ken:Yeah, Roberts was nominated to be an associate justice when Rehnquist kicked the can and W elevated his nom to chief justice.

  26. 26.

    Nukular Biskits

    July 3, 2023 at 9:51 pm

    @OzarkHillbilly:

    And that’s why I lurk here:  The things I learn!

  27. 27.

    Betsy

    July 3, 2023 at 9:53 pm

    @The Kropenhagen Interpretation:  Why?  Nothing short of death will stop these sociopaths from willfully harming others with all the power they have.  It would be right to celebrate the cessation of their oppressing others.

  28. 28.

    OzarkHillbilly

    July 3, 2023 at 9:54 pm

    @Nukular Biskits: And here I sit still waiting to learn what you meant by sked!  ;-) ;-)

  29. 29.

    The Kropenhagen Interpretation

    July 3, 2023 at 9:57 pm

    @Betsy: A sudden round of deaths that only affects members of the lawless 6 suggests a sort of intentionality. My love for Batman aside, I’m not a fan of vigilantism, no matter how well intended.

  30. 30.

    sab

    July 3, 2023 at 10:05 pm

    @OzarkHillbilly: Schedule?

  31. 31.

    Spanky

    July 3, 2023 at 10:05 pm

    @sab: yep

  32. 32.

    Nukular Biskits

    July 3, 2023 at 10:07 pm

    @OzarkHillbilly:

    sab got it:  Schedule.

  33. 33.

    Shalimar

    July 3, 2023 at 10:33 pm

    From what WaterGirl, AL, and Adam have said before, they have a backend where you can compose posts and save them for later.  So they can look and see if something is in progress.  Anne Laurie in particular I think takes her time finding all her links and putting them together until the post is finally ready to be posted on a schedule when nothing else is usually up for us to talk about.

  34. 34.

    Jerzy Russian

    July 3, 2023 at 10:44 pm

    Here are some cool astronomy pictures.

  35. 35.

    Jackie

    July 3, 2023 at 10:47 pm

    @Nukular Biskits: Yes. She’s got to earn her chops.

    KJB IS pretty awesome, though! President Biden chose a goodun!

  36. 36.

    Mai Naem mobileI

    July 3, 2023 at 10:59 pm

    @Gvg: duh, I forgot that. Wow, so there’s not an unreasonable possibility of KBJ becoming the Chief Justice at some point.

  37. 37.

    Ken

    July 3, 2023 at 11:18 pm

    @Jerzy Russian: Their contest, their rules; but from the descriptions, most of those images aren’t what I would call a “photo”.

  38. 38.

    ronno2018

    July 3, 2023 at 11:25 pm

    not sure about the WAPOST article and headline.  but holy hell she seems damn smart and kind and ethical.  probably had to be three times the quality of some white dude to get to where she is now.   clone her and appoint the clones to the damn court.  lol.

  39. 39.

    Brachiator

    July 3, 2023 at 11:27 pm

    I know that this is meant to be complimentary, and context is important, but damn it reads as borderline condescending.

    Biden “may have been looking for a Black woman, but she wasn’t just any Black woman,” Murray said. “She was excellent and prepared and made a critical difference in a number of cases.”…

    More important, Biden’s judicial appointments to lower courts, including nominations of numerous black women, have been consistently outstanding. It’s another area where he has just been a good president.

  40. 40.

    If a Tree Falls

    July 3, 2023 at 11:29 pm

    No, her first name ain’t baby. It’s Ketanji… Ms. Jackson, if you’re nasty.

  41. 41.

    Jerzy Russian

    July 3, 2023 at 11:29 pm

    @Ken:   Yes, many (most?) of them have had some heavy post-processing done.

  42. 42.

    Gvg

    July 3, 2023 at 11:48 pm

    @The Kropenhagen Interpretation: Not really, several of the worst re the oldest. And I think Roberts has health issues. I am not sure to that though. We just need the majority to change.

    i still think we need 2 more because of the work load anyway. Right now it will be seen as political, but it always is, and it still needs to happen.

  43. 43.

    sdhays

    July 4, 2023 at 12:03 am

    @The Kropenhagen Interpretation: Or maybe they happen to take seats on a private jet that would have otherwise remained empty and there’s a tragic accident.

  44. 44.

    mvr

    July 4, 2023 at 12:23 am

    @Mai Naem mobileI: Chief Justice is an appointed position. So all it takes is for Roberts to quit. Unfortunately he already earned made a lot of money​ so there isn’t all that much incentive for him to quit.

  45. 45.

    Bruce K in ATH-GR

    July 4, 2023 at 2:32 am

    @If a Tree Falls:

    Ms. Jackson, if you’re nasty.

    I take issue with that (at the risk of missing the reference). Justice Jackson is one of the three members of the current Court who deserve the honorific (as opposed to Mr. Alito, Mr. Thomas, Mr. Kavanaugh, Mr. Gorsuch, Mrs. Barrett, and Mr. Roberts).

  46. 46.

    Anne Laurie

    July 4, 2023 at 3:23 am

    @Ohio Mom: Oh give me a break: “Biden “may have been looking for a Black woman, but she wasn’t just any Black woman,” Murray said. “She was excellent and prepared and made a critical difference in a number of cases.”…”

    @Brachiator: I know that this is meant to be complimentary, and context is important, but damn it reads as borderline condescending.

    If you read the paragraph above your quote, Professor Murray is one of the other candidates Biden was considering.

    Not so much condescending, as Damn, I had every reason to think I was a great candidate, but *this* lady is ABOVE & BEYOND!

  47. 47.

    mardam

    July 4, 2023 at 6:48 am

    But…but…she’s just a black woman with no credentials or ability!!!!11

  48. 48.

    Brachiator

    July 4, 2023 at 7:08 am

    @Anne Laurie:

    If you read the paragraph above your quote, Professor Murray is one of the other candidates Biden was considering.

    Murray was being modest about her own accomplishments. She also has a spectacular background. Her modesty can lead to misinterpretation if people don’t consider the context of her remarks.

    But yeah, clearly she was complimenting Jackson. I guess Murray couldn’t say, “we who have been under consideration by Biden are a freaking dream team of legal black women, and Justice Jackson is like the Michael Jordan of the dream team.”

  49. 49.

    lowtechcyclist

    July 4, 2023 at 7:41 am

    @Betsy: ​
     

    It’s entirely normal and centrist if you understand that the Constitution does not confer rights, it guarantees protection of rights that inhere in everyone — that everyone has by virtue of being human.

    This. And the point of the Ninth Amendment is to make it clear that the first eight Amendments aren’t a full and complete listing of those inherent rights, and to give license to the judiciary to protect inherent rights not included in that listing.

  50. 50.

    lowtechcyclist

    July 4, 2023 at 7:52 am

    @Ken: ​
     

    I’m pretty sure the President nominates the Chief Justice, and it has nothing to do with whoever has a majority of the court. Why, even suggesting such a thing implies the court is a political body, and gives Chief Justice Roberts a sad.

    But can the President nominate someone to be the new Chief Justice while the old Chief Justice is still Chief Justice?

    IOW, could Biden and 50 Senate Dems tell Roberts, “you’re no longer Chief Justice, that’s gonna be Sotomayor, you’re now an Associate Justice”?

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